How does New York Labor Law §241 protect workers injured in construction accidents?
What you need to know
Labor Law §241(6) is a companion statute to the Scaffold Law, extending protection to construction workers injured by site conditions that violate specific provisions of the New York Industrial Code (12 NYCRR Part 23).
How §241(6) Differs from §240
The Scaffold Law (§240) is about gravity: falls and falling objects, with absolute liability. Section 241(6) is broader — it covers a wide range of site conditions, but the injured worker must prove a specific Industrial Code regulation was violated and that the violation caused the injury. Common violations involve:
- Inadequate lighting (Industrial Code §23-1.30)
- Slippery or defective walkways and work surfaces (§23-1.7)
- Inadequate hand protection or personal protective equipment
- Unsafe use of tools, equipment, or machinery
- Improper disposal of debris
Liability Under §241(6)
Like §240, liability under §241(6) extends to property owners, general contractors, and their agents — not just the direct employer. This is critical for construction workers because it opens the door to third-party claims even when the employer is protected by workers' compensation immunity.
Comparative Negligence
Unlike the Scaffold Law, §241(6) claims are subject to comparative negligence under CPLR §1411. A defendant can argue the worker contributed to the accident, which can reduce the recovery. The Scaffold Law does not allow this defense.
Both §240 and §241 carry a three-year statute of limitations under CPLR 214. No fee unless we win.
Other ways we help
Same firm, same approach — different practice areas under one roof.
Workers’ Compensation
Injured at work. Lost wages. Denied benefits.
Learn more →Social Security Disability
Can’t work due to a disability. SSDI & SSI claims, denials, appeals.
Learn more →Long-Term Disability
Private LTD insurance denied or cut off. ERISA appeals.
Learn more →Personal Injury
Car accident. Construction site. Scaffold Law.
Learn more →Workers’ Rights
Retaliation, wage theft, harassment. Plaintiff-side only.
Learn more →The attorneys who work your case
Not a call centre. The lawyer who signs you is the lawyer who shows up.
Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C.
Call 866-205-2415 Schedule with Brian- Admitted in New York
- 30+ years in practice
- Attends Board hearings personally
Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.
- Admitted in New York and New Jersey
- Pace University School of Law, J.D.
- Litigates before the Workers' Compensation Board
Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.
- Admitted in New York, 2008
- New York Law School, J.D. 2007
- With The Disability Guys since 2013
Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.
- Admitted in New York, 2007
- 20 years in practice
- Fluent in Spanish
Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.
- Admitted in New York, 2023
- Albany Law School, J.D. 2022
- Handles Third Department appeals
Lauren represents injured workers in Workers' Compensation matters and handles appeals before the Appellate Division, Third Department.
Talk to a real attorney today.
Free consultation. No fee unless we win. English or Spanish. Day or night.